July 31, 2015
As published in TIME magazine, Orlando Sentinel and CBS News, a Circuit Judge granted Kelley Drye's motion to dismiss a lawsuit brought by Gladys and Robert Zimmerman against Roseanne Barr.
Ms. Barr retweeted what she thought was George Zimmerman’s address approximately one month after George Zimmerman shot and killed Trayvon Martin, an unarmed black teenager. Ms. Barr also used her Twitter account to express her views on the incident. However, the Zimmermans claimed Ms. Barr invaded their privacy and caused emotional distress.
Partner David E. Fink, who represented Ms. Barr, argued the Zimmerman’s address was public information and Ms. Barr was simply exercising her First Amendment right. Mr. Fink stated, “Just on Twitter alone, there were over 50 posts of the Plaintiffs’ address before Roseanne Barr’s.”
Although the Zimmermans' attorney characterized the tweets as a call for "vigilanteism," claiming the tweets "crossed the line," Mr. Fink successfully argued that Ms. Barr was acting well within her First Amendment rights to express her views.
In the Judge’s ruling, she concluded, “This court finds there is no disputed issue of material fact and that the Defendant, Roseanne Barr, is entitled to judgment as a matter of law.”
Partner Michael J. O'Connor and Associate Andreas Becker were all instrumental in achieving this excellent result.